Principles of Criminal Process in Ukraine: Problems of Legislative Definition and Enforcement
Year: 2025
Type: article
Abstract: The article deals with basis of criminal process -principles that serve as fundamental foundations and are considered to be the essentially guiding requirements for the functioning of the whole criminal procedure.Basic guarantees, human rights and freedoms are observed; fair trial is carried out through the implementation of all principles of criminal process.The fact that the foundations of criminal process are set out in a separate section of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC of Ukraine) directly indicates the importance of this element, not only in a procedural sense, but also in legal sense.Compliance with the principles of criminal process, including during judicial investigations, directly influences the adoption of fair, lawful and reasoned decisions in cases.Furthermore, compliance with all principles of criminal process is, in a certain sense, one of the most important guarantees of respect for human and civil rights and freedoms.The article examines the essence, general and specific features of the principles of criminal process, their significance and role; it also forms the concept of the criminal process principles.The supplementing Article 3 of the Criminal Procedure Code of Ukraine 'Definition of the main terms of the Code' with the paragraph 13-1of following content: 'The principles of criminal process are international, constitutional and other legislative standards in the field of protection of human rights and freedoms' is proposed; which is going to determine the essential direction of criminal process as a separate type of state activity.
Author: R. V. Melnichuk
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414697578
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